These terms and conditions (“Terms”) govern your (“you”, “your”) access to and use of the website located at http://www.marketplacer.com (the “Site”). The Site is owned and operated by Marketplacer Pty Ltd (an Australian company, ACN 161 625789) (“Marketplacer” or “us” or “our” or “we”). Marketplacer provides a service that enables you to setup and manage a hosted online marketplace (the “Service”). The Site provides you with access to information about Marketplacer, what we do, our products, our business, the Service and how to engage us to provide the Service to you.

Acceptance Of Terms

Your access to this Site is governed by these Terms. If you visit and access the Site, you accept and agree to be bound by these Terms. Do not access or use Site if you do not accept these Terms.

Privacy

In the course of accessing the Site you may provide or we may collect your personal information, such as your name and contact details, for example when you sign up to receive emails from us or submit an enquiry to us. The collection, handling, use and disclosure of your personal information is governed by our Privacy Policy accessible at: https://www.marketplacer.com/legal/global-privacy-policy/

Non-Reliance

The content, information, including statements, opinions, images, graphics and documents (the “Content”) on this Site is provided for general informational purposes. The Content is not intended to provide you with any advice or opinion. If you choose to rely on any Content on the Site you do so at your own risk.

Intellectual Property

Nothing in these Terms constitutes a transfer of any intellectual property rights. Marketplacer owns or controls all intellectual property rights in the Site and the Content and we are the owner of the “Marketplacer™” trade marks (“trade marks”). We reserve all rights, title and interest not expressly granted in these Terms with respect to this Site, the Content and the trade marks.

Licence To Use The Site And The Content

Marketplacer grants you a non-exclusive, royalty free, revocable, worldwide, non-transferrable licence to access and use the Site and the Content for personal, non-commercial purposes in accordance with these Terms so that you can:

1. access information about Marketplacer and the Service;
2. consider, assess and appraise our business and our Service that we may offer from time to time;
3. contact us;
4. make an enquiry about the Service or our business;
5. subscribe to any publications we may offer via the Site; and
6. download, store, display on your computer, view and print Content from this Site, for your personal use only.

You are not authorised to modify, alter in any way, redistribute, communicate to the public, or use for any commercial purpose the Site and / or the Content, or to hyperlink to the Site or Content in any way (whether from any other website or otherwise) without our prior written consent.

Acceptable Use

You agree that you will not use this site in a manner which will or which may compromise the integrity, security, normal or intended operation of this Site or presentation of the Content including but not limited to:

• accessing any areas of the Site not intended to be publicly available;
• testing the vulnerability of the Site;
• infecting the site with any viruses, malware or other similarly harmful computer effects;
• bypassing any security features or circumventing any technological measure of the Site;
• reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of the Site; and
• attempting to do anything described in (a) to (e) above

Third Party Links

The Site may provide you with links to or access to external third party websites not under our control. By making these links available on the Site we do not endorse the third party websites and we accept no responsibility for the content and accuracy of third party websites.

The Site, and any sites accessible by links from the Site, may not be free of technical or functional errors, including the presence of viruses, malware or other similarly harmful computer effects. Any third party content that may appear on the Site has not been verified by us to be correct or free of technical or functional errors. We accept no liability in respect of your use of any such third party content.

Warranties

Your access to this Site and the Content is on an ‘as is’ basis. By accessing the Site you warrant that you will not rely on any Content appearing on this Site.

While we take reasonable steps to ensure that the Content is accurate, up to date and complete. We make no warranties or any kind, express or implied, regarding the operation of the Site or the Content or the Services. All representations, guarantees, conditions, statutory guarantees, warranties, terms or provisions (whether express or implied or based on statute, common law or otherwise) that are applicable to these Terms are excluded to the fullest extent permitted by law.

Limitation Of Liability

You access and use the Site and the Content at your own risk. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of, or inability to use, this Site or the Content, whether such damages arise from a breach of contract, tort or any other legal claim under any jurisdiction at law or in equity.

Governing Law

These Terms shall be construed in accordance with and governed by the laws of the State of Victoria, Australia, and the Federal Laws of Australia where applicable.

Amendments To These Terms

We may at our sole discretion amend these Terms from time to time. The most recent version of these Terms will be accessible on the Site.

Contact Us

If you have any questions regarding these Terms, the Site, Content or the Service, please contact us:

PO Box 37
Williamstown
VIC 3016 Australia
Email: [email protected]

ANC-109431-3-26-V1